56898 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations 

that the catch was less than anticipated 

preseason and that provisions designed 

to slow the catch of Chinook could be 

modified, by increasing the landing and 

possession limits. As a result, on July 

27, 2006, the states recommended, and 

the RA concurred, that effective 

Saturday, July 29, 2006, the landing and 

possession limit for Chinook would be 

increased to 60 fish per vessel per open 

period until the earlier of September 15 

or the available quota for Chinook was 

taken. Subsequently, on August 11, 

2006, the RA consulted with the above 

mentioned parties and determined that 

previous inseason actions and 

provisions could be modified further. 

As a result the states recommended and 

the RA concurred, that effective 

Saturday, August 19, 2006, in the area 

north of Cape Falcon, OR to the US 

Canada border the landing and 

possession limit for Chinook would be 

increased to 80 fish per vessel per open 

period for the remainder of the season, 

the number of fishing days per week 

would be increased to 4 days, Saturday 

through Tuesday, and the 6 inch (15.24 

cm) plug gear restriction would be 

eliminated. These actions were 

necessary to conform to the 2006 

management goals. The intended effect 

was to allow the fishery to operate 

within the seasons and quotas specified 

in the 2006 annual management 

measures. Modification in quota and/or 

fishing seasons is authorized by 

regulations at 50 CFR 660.409(b)(1)(i) 

gear modifications are authorized by 

regulation at 50 CFR 660.409(b)(1)(iv). 

The RA determined that the best 

available information indicated that the 

catch and effort data, and projections, 

supported the above inseason actions 

recommended by the states. The states 

manage the fisheries in state waters 

adjacent to the areas of the U.S. 

exclusive economic zone in accordance 

with these Federal actions. As provided 

by the inseason notice procedures of 50 

CFR 660.411, actual notice to fishers of 

the already described regulatory actions 

were given, prior to the date the action 

was effective, by telephone hotline 

number 206–526–6667 and 800–662–

9825, and by U.S. Coast Guard Notice to 

Mariners broadcasts on Channel 16 

VHF-FM and 2182 kHz. These actions 

do not apply to other fisheries that may 

be operating in other areas. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b)(B) because such 

notification would be impracticable. As 

previously noted, actual notice of the 

regulatory actions was provided to 

fishers through telephone hotline and 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (71 FR 26254, May 4, 2006), 

the West Coast Salmon Plan, and 

regulations implementing the West 

Coast Salmon Plan 50 CFR 660.409 and 

660.411. Prior notice and opportunity 

for public comment was impracticable 

because NMFS and the state agencies 

had insufficient time to provide for 

prior notice and the opportunity for 

public comment between the time the 

fishery catch and effort data were 

collected to determine the extent of the 

fisheries, and the time the fishery 

modifications had to be implemented in 

order to allow fishers access to the 

available fish at the time the fish were 

available. The AA also finds good cause 

to waive the 30–day delay in 

effectiveness required under U.S.C. 

553(d)(3), as a delay in effectiveness of 

these actions would limit fishers 

appropriately controlled access to 

available fish during the scheduled 

fishing season by unnecessarily 

restricting the fishery. These actions are 

authorized by 50 CFR 660.409 and 

660.411 and are exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 22, 2006 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E6–15952 Filed 9–27–06; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

092206E] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Shallow-Water 

Species Fishery by Vessels Using 

Trawl Gear in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; opening; request for 

comments. 

SUMMARY: NMFS is opening directed 

fishing for species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA), effective 0700 hours, Alaska 

local time (A.l.t.), September 25, 2006. 

This adjustment is necessary to allow a 

12-hour fishery for species that 

comprise the shallow-water species 

fishery by vessels using trawl gear in the 

GOA to resume, without exceeding the 

2006 Pacific halibut bycatch allowance 

specified for the shallow-water species 

fishery in the GOA. 

DATES: Effective 0700 hours, A.l.t., 

September 25, 2006, through 1900 

hours, A.l.t., September 25, 2006. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 10, 2006. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Walsh. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• FAX to 907–586–7557; 

• E-mail to shallowtrawl3@noaa.gov 

and include in the subject line of the email comment the document identifier: 

goaswx4srod (E-mail comments, with or 

without attachments, are limited to 5 

megabytes); or 

• Webform at the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Follow the instructions at that site for 

submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2006 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA is 900 

metric tons (mt) as established by the 

2006 and 2007 harvest specifications for 

groundfish of the GOA (71 FR 10870, 

March 3, 2006). NMFS closed directed 

fishing for species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the GOA under 

§ 679.21(d)(7)(i) on September 1, 2006 

(71 FR 51784, August 31, 2006). The 

fishery was subsequently reopened and 

closed on September 6, 2006 (71 FR 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations 56899 

53339, September 11, 2006) and 

September 20, 2006 (71 FR 55134, 

September 21, 2006). 

As of September 22, NMFS has 

determined that 205 mt of halibut 

bycatch allowance for the fishery 

remains. Therefore, in accordance with 

§ 679.25(a)(1)(i) and 679.25(a)(2)(i)(A), 

NMFS is adjusting the trawl shallowwater species fishery in the GOA by 

opening the fishery at 0700 hrs, A.l.t., 

September 25, 2006, and prohibiting 

directing fishing for shallow-water 

species by vessels using trawl gear in 

the GOA at 1900 hrs, A.l.t., September 

25, 2006. This action has the effect of 

opening the fishery for 12 hours. 

Regulations at § 679.23(b) specify that 

the time of all openings and closures of 

fishing seasons other than the beginning 

and end of the calendar fishing year is 

1200 hrs, A.l.t. Current information 

shows the expected trawl Pacific halibut 

bycatch rates observed in groundfish 

fisheries during the fourth season in the 

GOA to be 300 mt per day. The 

Administrator, Alaska Region, NMFS, 

has determined that the 2006 Pacific 

halibut bycatch allowance specified for 

the trawl fisheries could be exceeded if 

a 24-hour fishery were allowed to occur. 

NMFS intends that the halibut bycatch 

allowance not be exceeded and, 

therefore, will not allow a 24-hour 

directed fishery. 

NMFS is taking this action to allow a 

controlled fishery to occur, thereby 

preventing the overharvest of the Pacific 

halibut bycatch allowance specified for 

the trawl shallow-water species fishery 

designated in accordance with the 2006 

and 2007 harvest specifications for 

groundfish in the GOA (71 FR 10870, 

March 3, 2006) and § 679.21(d). In 

accordance with § 679.25(a)(2)(iii), 

NMFS has determined that prohibiting 

directed fishing at 1900 hrs, A.l.t., 

September 25, 2006, after a 12 hour 

opening is the least restrictive 

management adjustment to allow the 

fishing industry opportunity to harvest 

species that comprise the shallow-water 

species fishery without exceeding the 

fourth seasonal apportionment of the 

2006 Pacific halibut bycatch allowance 

for the shallow-water species fishery in 

the GOA. Pursuant to § 679.25(b)(5), 

NMFS has considered data regarding 

inseason prohibited species bycatch 

rates observed in groundfish fisheries in 

the GOA in making this adjustment. 

The species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates and ‘‘other species.’’

After the effective date of this closure, 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of the fishery, not 

allow the full utilization of the species 

and species groups that comprise the 

shallow-water species fishery, and 

therefore reduce the public’s ability to 

use and enjoy the fishery resource. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

22, 2006. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Without this inseason adjustment, 

NMFS could not allow the shallowwater species fishery by vessels using 

trawl gear in the GOA to be harvested 

in an expedient manner and in 

accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until October 10, 2006. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 25, 2006. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–8336 Filed 9–25–06; 1:47 pm] 

BILLING CODE 3510–22–S 


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